Text
The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C A person shall be punished by imprisonment for six months.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) misunderstanding the facts (as to Defendant C), Defendant C served as a role of strengthening the intent to commit a crime or embodying the means of committing a crime in the crime of extortion A and B. It is reasonable to hold the joint principal offender of the crime of extortion or at least the crime of aiding and abetting.
Defendant
C Transmitting a victim’s text message constitutes “ repeatedly delivering words, etc. to the victim, which is prohibited by the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc.”
Nevertheless, the judgment of the court below which acquitted each of the above facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
2) The sentence that the lower court sentenced to Defendant A and B (Defendant A and Defendant B) (one year of imprisonment, eight months of imprisonment, and two years of suspended sentence) is too uneasible and unfair.
B. The punishment sentenced by the lower court to Defendant A is too unreasonable.
2. Determination as to the Prosecutor’s misunderstanding of facts about Defendant C’s violation of the Punishment of Violences, etc. Act (joint attack)
A. The summary of this part of the facts charged is as follows: (a) A was enrolled in G hospital (hereinafter “instant hospital”) around March 1996 and went away from the promotion of the Vice Minister on December 31, 2015; (b) B was a person who retired from the hospital around January 31, 2016; and (c) B was a relative student of A; and (d) the Defendant was between A and the branch.
A and B (hereinafter referred to as "A, etc.") are referred to as two persons on December 2015, 2015, "A, etc." will inform the instant hospital of the data about the fraudulent receipt of health insurance due to the false calculation of nursing personnel.
“The purpose of intimidation to the effect that “ was to borrow money,” and the Defendant also raised the money in consecutive order at that time.
Accordingly, around January 5, 2016, B received health insurance money from the instant hospital under the title “written accusation” from the victim H, the president of the instant hospital, by mail.